If spilled condiments or food create a slick surface and cause someone to slip and fall in a California restaurant, store, or other business, this can form the basis of a personal injury claim under premises liability law. Businesses and property owners are required to maintain their premises in a reasonably safe condition and to take reasonable steps to address or warn of hazards like spilled food or condiments.
⚖️ Legal Basis: Premises Liability (Civil Code § 1714)
Under California Civil Code § 1714, property owners and business operators have a duty of care to maintain their premises in a safe condition for customers or visitors. This includes ensuring that spilled substances, such as food, condiments, or liquids, do not create hazards that can lead to slips, trips, or falls. If the business or property owner fails to address a spill in a reasonable time frame, they may be negligent.
✅ To Prove Liability, the Injured Person Must Show:
- Duty of Care
The property owner or business owed a duty to maintain a safe environment for customers or guests. - Breach of Duty
Spilled food or condiments created a slick surface, and the business failed to clean it up or adequately warn patrons about the hazard (e.g., using warning signs or barriers). - Notice
The business either:- Knew about the spill and failed to clean it up (actual notice), or
- Should have known about the spill, as it existed long enough to be discovered during a reasonable inspection (constructive notice).
- Causation
The spilled food or condiment directly caused the fall and injury. - Damages
The injured party suffered measurable harm (e.g., medical bills, pain and suffering, lost wages).
📌 Common Signs of Negligence
- Spilled condiments or food left on the floor for an extended period, especially in high-traffic areas (e.g., near the kitchen, condiment station, or dining areas).
- Failure to clean the spill immediately or within a reasonable amount of time.
- Failure to put up a warning sign (e.g., “Wet Floor” or “Caution: Slippery Surface”).
- Failure to inspect the area frequently, especially in places where spills are common (like a dining area).
💵 Recoverable Damages
- Medical expenses (doctor visits, treatments, surgeries, physical therapy)
- Lost wages (if the injury impacts the ability to work)
- Pain and suffering
- Emotional distress
- Future medical costs (if the injury requires ongoing care)
⚖️ California’s Comparative Fault Rule
California follows a pure comparative negligence system, meaning:
- If the injured person is partially at fault (e.g., walking distracted or not paying attention), their recovery will be reduced by their percentage of fault.
- However, they can still recover damages, even if they are mostly at fault.
🧾 Evidence That Supports the Case
- Photos or video of the spilled food or condiments and the area where the fall occurred.
- Witness statements from customers or staff who observed the spill or the fall.
- Surveillance footage (if available) showing the incident or the time period when the spill occurred.
- Incident report filed by the business (or by the injured person).
- Medical records showing the extent of the injury from the fall.
- Cleaning logs or reports that show how often the area is cleaned or inspected.
- Previous complaints about spills or slip-and-fall hazards in the area.
⏳ Statute of Limitations
- In California, the injured party has 2 years from the date of injury to file a lawsuit under the statute of limitations (Cal. Civ. Proc. Code § 335.1).
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].